CC MINS 20090707 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JULY 7, 2009
The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session.
The meeting reconvened at 7:02 P.M.
City Council roll call was answered as follows:
PRESENT: Long, Stern, Wolowicz, and Mayor Clark
ABSENT: Gardiner (excused)
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Jim Bell, Director of Public Works; Greg Pfost, Deputy
Planning Director; Kathryn Downs, Deputy Director of Finance/Information Technology;
Ara Mihranian, Principal Planner; Leza Mikhail, Associate Planner; So Kim, Assistant
Planner; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by City Clerk Morreale.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark reported on the following: 1) The Ribbon Cutting Ceremony at McCarrell
Canyon Drainage Project prior to the start of this evening's Regular Meeting; and, 2) the
City's annual Len of July Celebration. Mayor Clark announced the receipt of gifts of the
United States and California flags used in the State Legislative Office and US House of
Representatives Office of Steve Kuykendall. Mayor Clark recognized Green Hills
Memorial Park as the Business of the Month.
John Resich, Chairman, Board of Directors, Green Hills Memorial Park, provided a brief
overview and PowerPoint presentation regarding the development of Green Hills
Memorial Park, the annual Memorial Day celebration, and the site amenities for special
events.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the June 16, 2009 City Council
meeting: Alexandria Plakos and Alfred D. Lubisich. He indicated that all winners
receive a check for $250 representing a year of free refuse service and urged everyone
to participate in the City's recycling program.
APPROVAL OF AGENDA:
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to approve the
agenda as presented.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
Robert Maxwell, liaison for the Portuguese Bend Community Association (PBCA),
Rancho Palos Verdes, stated that the PBCA suggests that an Environmental Impact
Report (EIR) be done regarding the causes and cures of the movement in the landslide
area.
Jon Cartwright, President, Rancho Palos Verdes' Council of Homeowners Association
(CHOA), Rancho Palos Verdes, thanked the Council for the City's 4th of July Celebration
and announced that CHOA will conduct a City Council Candidate Forum on October 14,
2009 from 7:30 P.M. to 9:00 P.M. at Hesse Park.
Jie Li, Torrance, spoke regarding the issue of human rights in China for those practicing
Falun Gong.
Bill Orton, Representative, Senator Roderick Wright, thanked the City Council for
inviting Senator Wright to the City's 4th of July Celebration
CITY MANAGER REPORT:
City Manager Lehr introduced the City's Grant Writer, Destin Blais of Blais and
Associates, who introduced Diane Harrison, the Lead Associate with the firm who will
work with staff in the pursuit of grants. Ms. Blais provided a PowerPoint presentation
and status update on the City's current grant applications and future prospects.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting on Item Nos. 3 (Border Issues), 4 (As-Needed Maintenance Contract with Los
Angeles Conservation Corps), 6 (Residential Street Overlay and Slurry Seal Project
Contract), and 7 (On-Call Photo Simulation Contract); and there was one request to
speak on Item No. 8 (Ordinance No. 490 - Terranea TOT Rebate Program).
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the
Consent Calendar, as amended, with Item No. 8 to follow immediately after the Consent
Calendar.
City Council Minutes
July 7, 2009
Page 2 of 9
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of the Minutes (301)
Approved the Minutes of the June 2, 2009 Regular Meeting.
Border Issues Status Report (310)
Received and filed the current report on the status of border issues.
Authorize an Expenditure Increase for As-Needed Maintenance Contract with Los
Angeles Conservation Corps for Citywide Fuel Modification Project (1204)
Authorized the "First Amendment to the Maintenance Services Agreement" to increase
the expenditure limit for the "Maintenance Services Agreement" for FY09-10 to $75,000.
Tree Trimming/Maintenance Project (1204)
1) Approved the project specifications and awarded a three year contract to West Coast
Arborists, Inc. for FY 2009-2010 through FY 2011-2012, with an option to renew three
one-year extensions by mutual agreement; and, 2) Authorized the Mayor and City Clerk
to execute the contract with West Coast Arborists, Inc.
Construction Contract for Residential Street Overlay and Slurry Seal Project (Area
6 and Section of Area 8) (1404)
1) Approved the project construction Plans and Specifications; 2) Awarded a contract
for the construction of the Residential Street Overlay and Slurry Seal Project to All
American Asphalt, Inc. for the contract bid amount of$990,686.80 and authorized staff
to spend up to an additional $99,068 for possible extra work or unforeseen conditions,
for a total project authorization of$1,089,754.80; and, 3)Authorized the Mayor and City
Clerk to execute a contract with All American Asphalt, Inc.
Contract Service Agreement for On-Call Photo Simulation Consultant (1203)
City Council Minutes
July 7, 2009
Page 3 of 9
Authorized the Mayor and City Clerk to execute a two-year professional service
agreement with VisionScape, Inc. to provide professionally prepared and certified photo
simulations to the City on an as-needed basis for major project applications.
Adoption of Ordinance No. 490 —Terranea Resort— Request for Financial
Assistance Using Future Transient Occupancy Tax Revenue (1804)
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO. 2009-47, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
# # # # # #
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Adoption of Ordinance No. 490 —Terranea Resort— Request for Financial
Assistance Using Future Transient Occupancy Tax Revenue (1804)
Councilman Long recused himself from discussion of this item on the advice of City
Attorney Lynch and left the dais at 7:57 P.M.
City Manager Lehr also recused herself from the discussion of the Terranea Resort
item.
Mark Wells, Rancho Palos Verdes, spoke in opposition to the adoption of Ordinance
No. 490.
Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to ADOPT ORDINANCE
NO. 490, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
ESTABLISHING A HOTEL INCENTIVE PROGRAM AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Long (Recused), Gardiner
Councilman Long returned to the meeting at 8:04 P.M.
PUBLIC HEARINGS:
City Council Minutes
July 7, 2009
Page 4 of 9
East Tract 16540 Portuguese Bend Club Zone Change (Case No. ZON2009-00053)
(1802)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests received, late correspondence was distributed prior to the meeting, and
there was one request to speak on the item.
Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to waive the staff
report and hear the speaker on the matter.
Without objection, Mayor Clark so ordered.
Mayor Clark declared the public hearing open.
Lenee Bilski, Rancho Palos Verdes, spoke in opposition to the continuance of the item.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the staff
recommendation to continue the public hearing to the August 4, 2009 City Council
Meeting.
Without objection, Mayor Clark so ordered.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Planning Case No. ZON2009-00203 (Code Amendment Initiation Request): A
Request to Consider Initiating a Historic Preservation Ordinance to Allow the
Designation of Historic Properties and the Execution of Mills Act Contracts
between the City and the Owners of Designated Historic Properties (1801)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting on this item.
Deputy Planning Director Pfost provided an overview of the item.
Mark E. Morgan, Rancho Palos Verdes, spoke in favor of the designation of historic
properties and the execution of Mills Act contracts and other incentives as it is
necessary for the preservation of historic properties in Rancho Palos Verdes.
Mark Wells, Rancho Palos Verdes, spoke in favor of the designation of historic
properties all over the City.
City Council Minutes
July 7, 2009
Page 5 of 9
Bill Swank, Rancho Palos Verdes, spoke in favor of the designation of historic
properties to preserve significant historic homes in Rancho Palos Verdes.
Councilman Long moved, seconded by Councilman Stern, to initiate the Code
Amendment Initiation Request and direct staff to return with another Initiation Request
within 6 months to a year as time allows for staff to address the following issues: the
review of ordinances with and without tract homes; minimizing the burden to the City
regarding the cost of the application process; reviewing ways to minimize the cost and
achieve revenue neutrality; limiting the number of homes that can apply for historic
preservation per year; and, examining the alternatives that wouldn't necessarily
implicate the financial aspects.
The motion failed on the following roll call vote:
AYES: Long
NOES: Stern, Wolowicz, and Mayor Clark
ABSENT: Gardiner
Council directed staff to return with another Initiation Request within 6 months to a year
as time allows for staff to address the issues as discussed.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 9:09 P.M. to 9:15 P.M.
Request to Waive the Penalty Fee for an Exotic Animal Permit and Site Plan
Review (Case No. ZON2009-00154) on a Property Located at 30822 Via Rivera
(1801)
Councilman Long moved, seconded by Councilman Stern, to waive the staff report and
hear public speakers.
Mayor Clark requested a brief staff report for the benefit of the public as there were no
requests to speak on the item.
Assistant Planner Kim provided a brief overview of the item.
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to approve the staff
recommendation denying the requested fee waiver.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
City Council Minutes
July 7, 2009
Page 6 of 9
Award of Contract for Services to Prepare an Environmental Impact Report for the
Proposed Annenberg Project at Lower Point Vicente (1201)
Councilman Long moved, seconded by Mayor Clark, to waive the staff report and hear
public speakers.
There were no requests to speak on the item.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to approve the staff
recommendation to: 1) Authorize the Mayor and the City Clerk to sign a Professional
Service Agreement in an amount not to exceed $116,559 with Rincon Consultants, Inc.,
to prepare an Environmental Impact Report (EIR)for the proposed Annenberg Project
at Lower Point Vicente; and, 2)Authorize the City Attorney to begin discussions with the
Annenberg Foundation on the appropriate agreement between the City Council and the
Annenberg Foundation for the use of the City's Lower Point Vicente Property for the
proposed site improvements and direct that a trust deposit be established by the
Annenberg Foundation for that purpose.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Status Report on Tactical Goals (1101)
City Manager Lehr provided an overview of the item.
Councilman Long moved, seconded by Mayor Clark, to receive and file the Status
Report on Tactical Goals.
Without objection, Mayor Clark so ordered.
Proposal for Restructuring the Equestrian Committee (1808)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting on this item.
Councilman Long moved, seconded by Councilman Stern, to approve the following
staff recommendations to: 1) Decide to sunset and thank the present Equestrian
Committee; and, 2) Transfer the permit review activity dictated by the Development
Code from the current Equestrian Committee to the Planning Commission.
The motion passed on the following roll call vote:
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July 7, 2009
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AYES: Long, Stern, and Mayor Clark
NOES: Wolowicz
ABSENT: Gardiner
Proposed Lobbyist Ordinance (306)
Council discussion ensued regarding the genesis and the need for such an ordinance.
Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to take no further
action on this item.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
CITY COUNCIL ORAL REPORTS:
Councilman Stern reported on his attendance at a meeting on July 6, 2009 regarding
the Los Angeles County Sheriff's Contract with Deputy City Manager Petru and most of
the contract cities City Managers in Los Angeles County regarding a proposal that was
presented to the Board of Supervisors that morning.
Councilmember Long reported on a lunch meeting earlier that same day with a special
event organizer who is proposing a Triathlon for the Palos Verdes area, with a proposed
route that will go through five jurisdictions.
Mayor Pro Tern Wolowicz reported on his participation in the following events: the
Executive Board Meeting of the California Contract Cities Association on July 1, 2009;
the City of Rancho Palos Verdes' 4th of July Celebration; a meeting earlier that day with
City Manager Lehr, Deputy City Manager Petru, and the City's grant writer Destin Blais
regarding possible grant funding.
Mayor Clark reported on a meeting earlier that day with Councilman Stern regarding the
ballot argument language for the measure regarding an increase in the City's existing
Transient Occupancy Tax rate which is to be on the ballot for the November 3, 2009
General Municipal Election.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Pro Tem Wolowicz requested an item be placed of a future agenda regarding the
consideration of a Trails or Recreation & Parks Committee.
City Council Minutes
July 7, 2009
Page 8 of 9
CLOSED SESSION REPORT:
City Attorney Lynch reported that the Council voted unanimously to direct the City
Attorney to take no action regarding the letter that was received by the City from Jeffrey
Rosenfeld, the attorney for Dr. and Mrs. Allman, with Councilman Gardiner absent.
ADJOURNMENT:
At 10:06 P.M., Mayor Clark adjourned the meeting.
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M.yor
Attest:
City Clerk
W:\City Council Minutes\2009\20090707 CC MINS.doc
City Council Minutes
July 7, 2009
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